Section 35.28 - Hearing Requests(a) The executive director, the applicant, or an affected person as defined by Texas Water Code, § 5.115(a) may request a contested case hearing.(b) The commission is not required to hold a hearing if it determines that the basis of a person's request for a hearing as an affected person is not reasonable or is not supported by competent evidence.(c) All relevant factors shall be considered in the evaluation of a person's request for a hearing as an affected person, including, but not limited to, the following: (1) whether the interest claimed is one protected by the law under which the application will be considered;(2) distance restrictions or other limitations imposed by law on the affected interest;(3) whether a reasonable relationship exists between the interest claimed and the activity regulated;(4) likely impact of the regulated activity on the health, safety, and use of property of the person;(5) likely impact of the regulated activity on use of the impacted natural resource by the person; and(6) for governmental entities, their statutory authority over or interest in the issues relevant to the application.(d) A group or association may request a contested case hearing only if the group or association meets all of the following requirements: (1) one or more members of the group or association would otherwise have standing to request a hearing in their own right;(2) the interests the group or association seeks to protect are germane to the organization's purpose; and(3) neither the claim asserted nor the relief requested requires the participation of the individual members in the case.30 Tex. Admin. Code § 35.28
The provisions of this §35.28 adopted to be effective December 10, 1998, 23 TexReg 12413.